HomeMy WebLinkAboutTremblay 19-08-14IN THE MATTER OF AN ARBITRATION
BETWEEN:
MANITOULI-SUDBURY DISTRICT SERVICES BOARD
(MSDSB)
("the Employer")
AND:
ONTARIO PUBLIC SERVICES EMPLOYEES UNION
(OPSEU)
("the Union")
RE: GRIEVANCE OF Z. TREMBLAY
GRIEVANCE No. 2018-0679-0004
SOLE ARBITRATOR:
Kevin M. Burkett
FOR THE EMPLOYER:
Kathleen Stokes - Counsel
FOR THE UNION:
Jane Letton - Counsel
Hearing in this matter was held in Sudbury, Ontario on August 1, 2019
1
AWARD
This grievance challenges the Employer implementation of a new "booking
off" protocol for part-time employees. Specifically, the Union submits that the
recently implemented protocol "represents a fundamental change to the current
scheduling practice, which is unsupported by the collective agreement (and)
further (that) the employer was non-compliant in following article 10.02 of
Appendix 'B' ... as the ERC was not in mutual agreement to the Employer's
scheduling changes ...." In addition to asserting the inapplicability of article
10.02 the Employer relies on article 5.02(d), management rights, the newly
incorporated article 5.01 of Appendix B, part-time availability and commitment,
and the absence of any language in the collective agreement that gives part-time
employees the right to cancel part-time availability inside 5 days.
There is no dispute with respect to my authority to hear and determine this
matter.
A hearing was convened on August 1, 2019. The parties made full
submissions in support of their respective positions. Having considered these
submissions in light of both the relevant facts and the applicable collective
agreement provisions (or lack thereof), this grievance is hereby dismissed.
DATED in Toronto, Ontario on this 14th day of August, 2019.
/60'4t AtVezi
Kevin M. Burkett
2